BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
CLERK'S
OFFICE
MAY 0 9 2008
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
AS 08-003
(Adjusted Standard)
PETITION FOR ADJUSTED
STANDARD FROM 35 ADM. CODE
620.420 FOR NOBEL RISLEY'S
LANDFILL
#2
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
NOTICE
Penni S. Livingston
Attorney for Petitioner
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
IPCB
1021 North Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board an
AMENDED RECOMMENDATION TO SECOND AMENDED
PETITION FOR ADJUSTED STANDARDS,
copies of which are herewith served upon you
Respect fully submitted,
ILLINOIS ENVIRONMENTAL PrITION AGENCY,
Jarnes M. Kropid
0.
Division of Legal Counsel
X021 North Grand Avenue, East
"P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: May 7, 2008
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
IN THE MATTER OF:
AS 08-003
(Adjusted Standard)
RECEIVED
CLERK'S OFFICE
MAY 0 9 2008
STATE OF ILLINOIS
Pollution Control Board
PETITION FOR ADJUSTED
STANDARD FROM 35 ADM. CODE
620.420 FOR NOBEL RISLEY'S
LANDFILL
#2
AMENDED RECOMMENDATION TO SECOND AMENDED PETITION FOR
ADJUSTED STANDARDS
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA" or
"Agency"), by one of its attorneys, James Kropid, Assistant Counsel, and, pursuant to 35 III.
Adm. Code 104.418(b), hereby submits an Amended Recommendation to the Illinois Pollution
Control Board ("Board") in response to the Second Amended Petition for Adjusted Standards to
Address Pollution Control Board Comments on Previous Amended Petition ("Second Amended
Petition" or "Second Amend. Pet.") filed by Nobel Risley's Landfill #2 ("Petitioner") on
February 28, 2008. The Petitioner is seeking adjusted standards from 35 Ill. Adm. Code Part
620.420 Class 11 groundwater standards ("groundwater standards") regarding chloride and
sulfate. The previous recommendation, filed by the Illinois EPA on January 4, 2008,
recommended that the Board grant the adjusted standard request for chloride and deny the
adjusted standard request for sulfate. This Amended Recommendation now recommends that the
Board also grant the adjusted standard request for sulfate. In support of this recommendation,
the Illinois EPA states as follows:
BACKGROUND
I. The
Petitioner is seeking a certificate of closure from the Illinois EPA for Nobel
Risley's Landfill #2 is located in Franklin County near the town of Benton.
1
2.
The Second Amended Petition requests an increase in the groundwater standards
for sulfate from 400 milligrams per liter (mg/L) to 2,381 mg/L. Petitioner's original Amended
Petition, filed on November 30, 2007, requested an increase in the groundwater standards for
sulfate from 400 milligrams per liter (mg/L) to 4,500 mg/L.
3.
Because the Second Amended Petition only requests a change to the groundwater
standard for sulfate, this Amended Recommendation only addresses the amended adjusted
standard request for sulfate. As such, the Illinois EPA recommendation regarding the adjusted
standard request for chloride, the Illinois EPA response to facts presented by the Petitioner, and
the Illinois EPA comment on Section 28.1(C) can be found in the Recommendation to Amended
Petition for Adjusted Standards filed on January 4, 2008.
SECTION 104.406 FACTORS FOR SULFATE REQUEST
4.
In order for the Board to grant the request for an adjusted standard increasing the
allowable limit of sulfate Petitioner must satisfactorily address all informational requirements set
forth in Section 104.406 of the Board's procedural regulations (35 Ill. Adm. Code 104.406). The
Illinois EPA must respond to each issue raised by these requirements.
Section 104.406(a) — Standard from
which adjusted
standard is sought
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(b) — Regulation of general applicability
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(c) — Level of
justification
The Illinois EPA does not take issue with the Petitioner's statements as to the required
level of justification.
Section
104.406(d) — Petitioner's activities
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
2
Section
104.406(e) — Efforts necessary to comply
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) — Proposed adjusted standard
The Second Amended Petition requests an adjusted standard for sulfates in groundwater
from 400 mg/L to 2,281 mg/L (Second Amend. Pet. at 18). Elsewhere, the Second Amended
Petition requests an adjusted standard for sulfates in groundwater from 400 mg/L to 2,381 mg/L
(Second Amend. Pet. at 1, 10 and 11). Presumably the Petitioner's desired request is for the
2,381 mg/L value; however the Illinois EPA does not disagree with either request.
Section 104.406(g) —
Quantitative and qualitative impact on the environment
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(h) — Justification of the proposed adjusted standard
The Second Amended Petition requested an adjusted standard for sulfate that was revised
from a value of 4,500 mg/L to a value of 2,381 mg/L. The technical justification stated that the
concentration was the 95% upper confidence limit (UCL). (See Exhibit 8). However neither the
technical justification nor the Second Amended Petition stated what data set was used to
determine this value. The Illinois EPA could not duplicate the value based on the given
information using the UCL calculation method specified in Nobel Risley's Landfill #2 permit.
Illinois EPA discussed this concern with the Petitioner and Petitioner's consultants. The
Agency explained that the data set could not be duplicated and could find no documentation that
provided direction. Although Petitioner could not specify the dates of the data that were used,
they did state that duplicate data (taken the same time of sampling) were averaged with the
original data for each date that they were available. Therefore the average of the original and the
duplicate were used in the data set rather than the data found in the Agency database. Both the
duplicate and original values are found in the volumes of the technical justification for the
3
proposed adjusted standard. Petitioner also offered to forward the work that had been done to
develop the UCL.
The information that was forwarded to the Illinois EPA was subsequently made part of
the record in this matter pursuant to Petitioner's Motion to Supplement the Record to Add
Groundwater Data Analysis to Petitioner's Second Amended Petition, which was filed on April
14, 2008. This Motion, with Illinois EPA concurrence, was granted on April 14, 2008.
Petitioner stated that the UCL method listed in the Nobel Risley's Landfill #2 permit was
not used, instead a Student t-test UCL as listed in the reference "Calculating Upper Confidence
Limits for Exposure Point Concentrations at Hazardous Waste Sites" was used as an alternative
method. Petitioner maintains that this formula provided a more conservative (lower) result.
Using the alternate method, the calculations were confirmed by the Illinois EPA. The
Agency agrees that the result of 2,381 mg/L is more conservative than what would he generated
using the UCL method listed in the Petitioner's permit (3,193 mg/L). Considering the last
concentration measured at the site in May 2007 was 941 mg/L, the lower number, 2,381 mg/L, is
reasonable and justifiable.
Section 104.406(1) – Consistency with federal law
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(j) – Hearing
The Illinois EPA defers to the Board, and any subsequent Board Orders, pertaining to the
Petitioner's right to a hearing.
Section 104.406(k) – Supporting documents
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
Section 104.406(1) – Additional Information
The Illinois EPA does not take issue with the Petitioner's statements on this subject.
4
CONCLUSION
WHEREFORE the reasons more fully set forth herein, the Illinois EPA respectfully
recommends that Petitioner's request for an adjusted standard for sulfate be granted.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
es M. Kropid
sistant Counsel
vision of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: May 7, 2008
This filing submitted on recycled paper
-
5
CERTIFICATE OF SERVICE
1, the undersigned attorney at law, hereby certify that on May 7, 2008, I served true and
correct copies of an
AMENDED RECOMMENDATION TO SECOND AMENDED
PETITION FOR ADJUSTED STANDARDS,
by placing true and correct copies thereof in
properly sealed and addressed envelopes and by depositing said sealed envelopes in a U.S. mail
drop box located within Springfield, Illinois, with sufficient First Class postage affixed thereto,
upon the following named persons:
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Penni S. Livingston
Attorney for Petitioner
5701 Perrin Road
Fairview Heights, IL 62208
Carol Webb
Hearing Officer
IPCB
1021 North Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794
James
,
-ConLay
M. Kropid
Division of Legal Counsel
10'21 North Grand Avenue, East
.0. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: May 7, 2008
ILLINOIS ENVIRONMENTAL
r
PR 4 TION AGENCY,
This filing submitted on recycled paper.